October 2006 – Federal Register Recent Federal Regulation Documents

The Coast Guard is changing the drawbridge operation regulations governing the operation of the Beach Channel railroad bridge across Jamaica Bay, mile 6.7, at Queens, New York. This final rule requires the Beach Channel bridge to remain in the closed position during the morning and afternoon commuter rush hours from 6:45 a.m. to 8:20 a.m. and 5 p.m. to 6:45 p.m., Monday through Friday, except Federal holidays. In addition, obsolete language shall also be removed from the existing regulatory text. This rule is expected to help facilitate commuter rail traffic while continuing to meet the present and anticipated needs of navigation.

The Coast Guard is establishing a temporary safety zone on the waters of Puget Sound including the waters of Tacoma Narrows, WA. New power lines are being strung over the Tacoma Narrows Waterway. This may pose a significant threat to public safety, to vessels and their occupants transiting the Tacoma Narrows Waterway. The Coast Guard is establishing this zone to ensure the safety of all persons and vessels transiting the Tacoma Narrows Waterway. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

In this action, EPA is proposing to require testing for certain chemicals on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA Priority List of Hazardous Substances which is compiled under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and is soliciting proposals for enforceable consent agreements (ECAs). EPA is proposing a test rule under section 4(a) of the Toxic Substances Control Act (TSCA) that would require manufacturers (including importers) and processors of four chemical substances (chloroethane, hydrogen cyanide, methylene chloride, and sodium cyanide) to conduct testing for certain health effects relating to the manufacture, distribution in commerce, processing, use, or disposal of these substances. The data that would be obtained under the testing program will be used to address health effects data needs identified by ATSDR and EPA for these substances, which are among the hazardous substances most commonly found at sites listed on the CERCLA National Priorities List (NPL) and which are also hazardous air pollutants (HAPs) under section 112 of the Clean Air Act (CAA). EPA is soliciting proposals for ECAs involving the conduct of physiologically based pharmacokinetics (PBPK) studies as an alternative to the testing proposed in this rule, as appropriate. Alternatively, if ECA proposals involving the conduct of PBPK studies are not received, or if received, are not considered by the Agency to be adequate, EPA may consider ECA proposals which cover some or all of the testing identified for a given chemical in this proposed rule.

This final rule implements the Program Fraud Civil Remedies Act of 1986 (Act), which authorizes the Corporation for National and Community Service (Corporation) and certain other Federal agencies to impose, through administrative adjudication, civil penalties and assessments against any person who makes, submits, or presents a false, fictitious, or fraudulent claim or written statement to the agency. The regulations establish the procedures the Corporation will follow in implementing the provisions of the Act and specifies the hearing and appeal rights of persons subject to penalties and assessments under the Act. They also designate the Corporation's Chief Financial Officer to act on behalf of the Chief Executive Officer in carrying out certain duties and responsibilities under the regulations.

This document contains final regulations setting forth standards for electronic systems that make use of an electronic medium to provide a notice to a recipient, or to make a participant election or consent, with respect to a retirement plan, an employee benefit arrangement, or an individual retirement plan. These regulations reflect the provisions of the Electronic Signatures in Global and National Commerce Act (E-SIGN). These final regulations generally affect sponsors of, and individuals entitled to benefits under, certain retirement plans, employee benefit arrangements, and individual retirement plans.

The Commission is extending its comment period to receive comments on its notice of proposed rulemaking (``NPR'') concerning actions the Commission proposes to take to address the risk of injury associated with all terrain vehicles (``ATVs''). Seven manufacturers and distributors of ATVs requested a 60-day extension of the comment period. The Commission has decided to grant their request.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This action modifies the Class E airspace area at Honolulu International Airport, HI. The establishment of an Area Navigation (RNAV) Required Navigation Performance (RNP) Instrument Approach Procedure (IAP) to Runway (RWY) 08L and 26L to Honolulu International Airport, Honolulu, HI has made this action necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing this RNAV (RNP) IAP to RWY 08L and 26L to Honolulu International Airport. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Honolulu International Airport, Honolulu, HI.

This interim rule provides authority for Indian tribes to receive a minimum grant amount under the need component of the Indian Housing Block Grant (IHBG) Formula for Fiscal Year (FY) 2007. The minimum funding provision currently in effect in HUD's regulations limited authority for receipt of a minimum grant amount to FY2006. HUD and Indian tribes, through negotiated rulemaking procedures, developed and published a proposed rule to address ways to improve and clarify the IHBG Formula regulations, including the minimum funding provisions. The reinstatement of the authority for minimum grant amounts in FY2007 will avoid hardship to the affected tribes until the revised minimum funding provisions contained in the negotiated rule are issued as a final rule and become effective.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS HAWAII (SSN 776) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 series airplanes equipped with General Electric GE90-94B engines. This AD requires inspecting to determine the part number of the identification plate of the torque box on the thrust reversers (TRs), and investigative and corrective actions if necessary. This AD results from engine certification testing which revealed that TRs on GE90-94B engines have inner walls that could develop disbonding in the upper bifurcation radii. Disbonding was found in an equivalent inner wall used during the testing. We are issuing this AD to prevent failure of a TR and adjacent components and their consequent separation from the airplane during flight or during a refused takeoff (RTO). These separated components could cause structural damage to the airplane or damage to other airplanes and possible injury to people on the ground. TR failure during a RTO could also cause the engine to produce forward thrust, resulting in asymmetric thrust and possible runway excursion.

The FAA is adopting a new airworthiness directive (AD) to supersede AD 2003-22-13, which applies to all AeroSpace Technologies of Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-22-13 currently requires you to visually inspect the ailerons for damage and replace if necessary; adjust the engine power levers aural warning microswitches; set flap extension and flap down operation limitations; and fabricate and install cockpit flap extension and flap down operation restriction placards. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. The FAA inadvertently omitted Model N22S airplanes from the applicability of AD 2003-22-13. Therefore, this AD retains the actions exactly as required in AD 2003-22-13 and adds Model N22S airplanes to the Applicability section. We are issuing this AD to prevent failure of the aileron due to undetected pre-existing aileron damage and airplane operation outside of the approved limits. Aileron failure could lead to reduced or loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products.

This document contains proposed regulations modifying the standards for treating payments in lieu of taxes (PILOTs) as generally applicable taxes for purposes of the private security or payment test under section 141 of the Internal Revenue Code (Code). The proposed regulations provide State and local governmental issuers of tax-exempt bonds with guidance for applying the private security or payment test. The proposed regulations affect State and local governmental issuers of tax-exempt bonds. This document also provides notice of a public hearing on these proposed regulations.

The Office of Personnel Management is issuing final regulations to provide a higher annual leave accrual rate of 1 day (8 hours) per biweekly pay period for members of the Senior Executive Service, employees in senior-level and scientific or professional positions, and other employees covered by equivalent pay systems.

The FAA is adopting a new airworthiness directive (AD) for Turbomeca Turmo IV A and IV C series turboshaft engines. This AD requires identifying, inspecting and replacing flexible lubrication pipes manufactured after April 1, 2003. If both engines on the same helicopter each have an affected pipe, then this AD requires replacing one of the affected pipes before further flight. This AD also requires initial and repetitive borescope inspections of affected pipes, visual inspections for oil leakage, and visual inspections of the oil filter, on engines that are not required to have an affected pipe replaced before further flight by this AD. This AD results from 7 reports of oil leakage due to the deterioration of flexible lubrication pipes manufactured after April 1, 2003. We are issuing this AD to prevent dual-engine failure on a twin-engine helicopter.

This document contains final regulations regarding the allocation of creditable foreign tax expenditures by partnerships. The regulations are necessary to clarify the application of section 704(b) to allocations of creditable foreign tax expenditures. The final regulations affect partnerships and their partners.

This rule adopts the proposed rule published in the Federal Register on September 30, 2005 as final with minor, non-substantive editorial changes. The final rule amends the NASA FAR Supplement (NFS) to include a requirement for NASA's Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) program contractors to complete a recertification of program compliance prior to final payment. This requirement is being established to facilitate the Government's ability to hold contractors accountable for compliance with Federal statute, regulation, and requirements associated with the SBIR and STTR programs. In addition, the final rule corrects the following in the proposed rule: Revises the section numbering of the prescription identified in NFS 1832.12 of the proposed rule from NFS 1832.1200 to NFS 1819.7302(f); revises the numbering of the clause from NFS 1852.232-83 in the proposed rule to NFS 1852.219-85 in the final rule; makes minor revisions to conform clause titles with those in the clause prescriptions; revises the Supplementary Information, Paragraph B. Regulatory Flexibility Act to expand the justification that the rule does not have a significant economic impact on small entities; and makes other minor editorial corrections.

The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the Amtrak Bridge across the Thames River, mile 0.8, at New London, Connecticut. This notice of proposed rulemaking (NPRM) would allow the bridge owner to open the bridge on a temporary opening schedule from November 15, 2006 through May 15, 2007. This proposed rule is necessary to facilitate bridge pier repairs.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Dock Bridge across the Passaic River at mile 5.0, at Harrison, New Jersey. Under this temporary deviation, the bridge may remain in the closed position for six weekends from October 13, 2006 through November 20, 2006. This deviation is necessary to facilitate scheduled bridge maintenance.

The Audio Division dismisses a Petition for Rule Making filed by Charles Crawford, requesting the allotment of Channel 235A at Auxvasse, Missouri, as its first local service. Charles Crawford, or no other party, filed comments supporting the allotment of Channel 235A at Auxvasse, Missouri. It is the Commission's policy to refrain from making a new allotment to a community absent an expression of interest.

At the petitioner's request, the Audio Division has dismissed the proposal of Jeraldine Anderson (``Anderson'') to allot Channel 250A at Crowell, Texas. Anderson had filed a petition for rule making proposing the allotment of Channel 250A at Crowell, Texas, as the community's second local FM transmission service. The Audio Division further dismissed the counterproposal submitted in the proceeding by Linda Crawford (``Crawford''), upon Crawford's request to withdraw that proposal. Finally, the Audio Division dismissed the counterproposal submitted in the proceeding by LKCM Radio Group, L.P., licensee of FM Station KFWR, Mineral Wells, Texas; Fort Worth Media Group GP, LLC, licensee of FM Station KYBE, Frederick, Oklahoma; and LKCM Radio Licenses, LP, the proposed assignee of KFWR and KYBE (collectively, ``Joint Parties''). The Joint Parties' counterproposal was dismissed for failure to meet the Commission's minimum distance separation requirements with respect to FM Station KRZB, Channel 248C2, Archer City, Texas.

The Audio Division: grants in part a counterproposal (RM- 11335) filed by Chisholm Trail Broadcasting Company (``Chisholm'') only to the extent of allotting Channel 288C3 at Kinsley, Kansas, and denying in all other respects; dismisses a Petition for Rule Making (11320) filed by OKAN Community Radio to allot Channel 288C3 at Ashland, Kansas for lack of continuing interest; and dismisses per Chisholm's request its pending Petition for Rule Making to allot inter alia Channel 259C1 at Greensburg, Kansas. Channel 288C3 can be allotted at Kinsley, Kansas in compliance with the Commission's minimum distance separation requirements at 37-53-20 North Latitude and 99-24-34 West Longitude with a site restriction of 3.8 kilometers (2.4 miles) south of city reference.

The General Services Administration is reopening the comment period for the subject proposed rule. The proposed rule pertains to amending the Federal Management Regulation (FMR) by revising coverage on personal property and moving it into Subchapter B of the FMR. A proposed rule was published in the Federal Register on September 12, 2006 (71 FR 53646).